What Is a Mesothelioma Claim?
A mesothelioma claim is a legal action taken against the manufacturers of asbestos-containing products. These claims allow mesothelioma patients and their loved ones to recover money for treatment, medical bills, and other costs.
There are several types of mesothelioma claims. Legal claims — which typically award the most compensation — include lawsuits and trust fund claims. Depending on your situation, you may also be eligible to file for veterans benefits, disability insurance, or workers’ compensation.
Benefits of Filing a Mesothelioma Claim
If your claim is successful, it can hold asbestos companies accountable for their role in your illness. Mesothelioma compensation can help you pay for important things like treatment, but it’s not just about the money — it’s about making sure these companies take responsibility.
Filing a mesothelioma claim can help you:
- Afford the cost of treatment, doctor visits, and more
- Ensure financial security during a challenging time
- Cover travel for treatment at top mesothelioma centers
- Secure a sense of justice and closure for your family
You may be able to file claims for compensation if you or a loved one has been diagnosed with mesothelioma or another asbestos-related illness. We can walk you through all your legal options during a Free Case Review.
Get a Free Mesothelioma Case Review
Types of Mesothelioma Claims
There are several types of mesothelioma claims you may qualify for based on the facts of your case. Learn more about each type of claim below.
Personal Injury Claims
Patients diagnosed with mesothelioma can file a personal injury lawsuit against the asbestos product manufacturers that caused their illness.
A mesothelioma lawsuit begins once your lawyer files your claim. Your attorney will work to get compensation from negligent manufacturers through a settlement or trial verdict.
Money from a personal injury claim can help cover the costs of medical treatments and related expenses like travel and lodging. It can also provide financial security for your family.
Mesothelioma Claims After Death
A mesothelioma wrongful death claim is a specific type of legal action taken to hold manufacturers of asbestos-containing products accountable for a spouse or family member’s death.
Wrongful death claims can award the victim’s family members with mesothelioma compensation for lingering medical expenses, funeral and burial costs, and emotional pain and suffering.
Contact our team now to see if you can file a claim for mesothelioma and get help finding the best lawyer for your case.
Asbestos Trust Fund Claims
By the early 1980s, some asbestos companies began declaring bankruptcy to get out of paying legal claims for asbestos. In response, bankruptcy courts required these companies to establish asbestos trust funds to compensate current and future victims.
You can file trust fund claims without filing a lawsuit, or you can do both. A mesothelioma lawyer can help you determine which route to take based on your situation.
As of September 2024, there’s over $30 billion already set aside in trust funds for victims of asbestos-related diseases. Most victims can file mesothelioma claims with multiple trusts, increasing their potential compensation.
Our legal partners can help you file trust fund claims if you qualify. See if you can access trust fund compensation now.
VA Disability Claims
Veterans who developed mesothelioma due to service-related asbestos exposure can file for disability payouts of nearly $4,000 a month.
Extra compensation is also available for in-home health care and surviving spouses and dependent children.
Filing for disability can be time-consuming, but Mesothelioma Hope has VA-accredited agents on staff who can help make the process quick and easy. Call us at (866) 608-8933 now to get started.
Mesothelioma Claims Process
The best way to file a mesothelioma claim is to work with an experienced attorney at a national law firm. Your mesothelioma lawyer can manage every step in the process while you focus on getting treatment and spending time with family.
The mesothelioma claims process generally follows these three steps:
- Gather evidence: Your legal team will gather medical records and work history to help show how asbestos exposure caused you or a loved one to develop mesothelioma.
- Identify defendants: Your mesothelioma attorney will trace your exposure to the specific asbestos companies legally responsible for your illness.
- File the claim: Your lawyer will file a mesothelioma lawsuit against any asbestos companies that are still in business. If any of the companies have declared bankruptcy, your attorney will file claims with their asbestos trusts.
Once the claim is filed, your legal team will advocate on your behalf to secure the most compensation possible. Most claims end in out-of-court settlements, providing quicker relief and less stress for you and your family.
“Our clients are very surprised at how easy the mesothelioma claims process is. We do all of the work. We want our clients to focus on their upcoming care and treatment.”
How Long Does It Take to File a Mesothelioma Claim?
The process of filing a claim is relatively quick. Once your claim is filed, you may start getting compensation in as few as 90 days. Most mesothelioma lawsuits are fully resolved within 12-18 months.
An experienced mesothelioma lawyer can provide a more accurate estimate of your claim’s payout timeline based on your specific situation.
Use our Free Attorney Checklist to make sure all your questions are answered when meeting with a mesothelioma lawyer.
Mesothelioma Claim Amounts
The amount of money awarded can vary based on the facts of the case and which type of claim(s) your lawyer files. See the average payouts for each type of mesothelioma claim below.
Mesothelioma Settlements
Personal injury and wrongful death mesothelioma settlements award an average of $1 million to $1.4 million, based on data published in Mealey’s® Litigation Report: Asbestos.
Mesothelioma Hope has partnered with top law firm Simmons Hanly Conroy to help victims file legal claims with no upfront costs.
Some notable settlements secured by our legal partners include:
- $13.1 million for a carpenter from Washington
- $12 million for an Illinois construction worker
- $8 million for a Texas pipefitter and plumber
- $7 million for a California wire installer
- $5.6 million for an engineer in Missouri
- $4.3 million for a Florida boilermaker & U.S. Army veteran
- $3.9 million for the family of a Virginia auto mechanic
Almost all personal injury claims end in a settlement, which means you may be able to get compensation without having to appear in court.
Mesothelioma Trial Verdicts
If your mesothelioma claim goes to trial, you’ll receive financial compensation if a judge or jury decides the asbestos companies named in the lawsuit are responsible for your illness.
The average trial verdict for a mesothelioma claim is $5 million to $11.4 million, according to Mealey’s® Litigation Report: Asbestos.
Some notable trial verdicts secured by our legal partners include:
- $250 million for an Indiana steelworker (largest in history)
- $40 million for a Washington U.S. Navy veteran
- $20 million for a St. Louis mechanic
- $34 million for a California mechanic
- $15 million for the family of a New York construction worker
- $10 million for a Louisiana longshoreman
In July 2024, Simmons Hanly Conry secured $24.4 million for a Chicago janitor diagnosed with mesothelioma caused by exposure to asbestos-tainted talcum powder.
Get a Free Case Review today to see if our partner law firm can help you or a loved one access compensation.
Asbestos Trust Fund Payouts
On average, victims who file trust fund claims for asbestos receive $300,000 to $400,00 in total compensation.
Asbestos victims usually get compensation from more than one trust fund due to the number of companies that might be at fault for their illness. Some families have received over $2 million in trust fund payouts.
Each trust pays a different amount of money, so your total compensation will depend on the number of trusts you file claims with and their individual payment rates.
VA Disability Compensation
Veterans who developed mesothelioma from service-related asbestos exposure may qualify for tax-free disability payouts of nearly $4,000 each month from the U.S. Department of Veterans Affairs (VA).
Additional benefits available to veterans with mesothelioma include:
- Extra compensation for in-home care and other health needs
- Free or low-cost treatment from VA mesothelioma doctors
- Survivor benefits for spouses and dependent children
Mesothelioma Hope has VA-accredited agents on our team who can help make the filing process quick and easy. Call us at (866) 608-8933 now to get started.
What Is the Statute of Limitations on Asbestos Claims?
The average asbestos claims time limit is 2-3 years after diagnosis or death. However, each state has its own statute of limitations for mesothelioma. An asbestos lawyer can help you and your family navigate the laws in your state.
Even if the statute of limitations in your case has expired, you may still have legal options available to you. You won’t know for sure unless you talk to a lawyer to see how they can help.
Statutes of limitations generally don’t apply to asbestos trust funds. Each trust sets its own deadline for filing a claim. Find out if you can access compensation from asbestos trusts now.
Insurance Claims and Other Mesothelioma Compensation
In addition to legal claims and VA benefits, mesothelioma patients may be able to file insurance claims to help cover their medical expenses.
Here are some options that can help:
- Medicare and Medicaid. These federal programs cover some health care expenses for seniors and low-income families.
- Private insurance. Patients can check their coverage to determine out-of-pocket costs after filing medical claims.
- Social Security Disability Insurance (SSDI). Patients under 65 may receive monthly checks if they’ve worked long enough to qualify for Social Security retirement benefits.
These insurance programs may not cover the total cost of treatment or unexpected expenses like frequent hospital trips or hotel stays. If you’re worried about treatment costs, contact our team now for free financial resources.
Workers’ Compensation Claims
Employees exposed to asbestos on the job can file workers’ compensation claims for mesothelioma. However, these claims typically pay around $41,000, which is less money than what you might receive from lawsuits or asbestos trust fund claims.
Workers’ comp claims require action against your former employer instead of the companies that made the asbestos products linked to your illness.
Get Help Filing a Mesothelioma Claim
If you or someone you know developed mesothelioma after being exposed to asbestos products, you deserve compensation for the harm these companies caused.
Mesothelioma claims can help you seek the financial compensation you need to pay medical bills and other expenses and give you peace of mind knowing your family’s future is secure.
Call us now at (866) 608-8933 or request a Free Case Review to get help filing a mesothelioma claim.
Mesothelioma & Asbestos Claims FAQs
Are patients with mesothelioma entitled to compensation?
Yes, patients with mesothelioma are often entitled to compensation.
This compensation can come from several sources, including:
- Asbestos trust funds. Many companies that made asbestos products have declared bankruptcy and set up trust funds to compensate victims. Patients or their families can file claims with these trusts and may start getting payouts within 90 days.
- Lawsuits. Patients can file lawsuits against the companies responsible for their mesothelioma cancer. If the patient has passed away, their family members may be able to file an asbestos claim after death. The average mesothelioma settlement is $1 to $1.4 million.
- VA disability benefits. Veterans who were exposed to asbestos during their military service may be eligible for nearly $4,000 a month in tax-free disability benefits from the U.S. Department of Veterans Affairs (VA).
An experienced mesothelioma attorney can help you explore legal options and determine the best way to secure compensation.
What is the average payout for mesothelioma victims?
The average mesothelioma claim awards $1 million to $1.4 million in lawsuit settlements.
If the case goes to trial and you win, this compensation can be significantly higher. Mesothelioma victims receive an average of $5 million to $11.4 million from successful trial verdicts, but these cases can take longer to resolve.
An experienced mesothelioma attorney can provide a more specific estimate based on the facts of your case. Contact our team to get connected with a mesothelioma lawyer near you.
What are the different types of mesothelioma claims?
Mesothelioma patients and their families pursue compensation through:
- Personal Injury Claims
Filed by: Mesothelioma patient
Process: The patient’s legal team sues the companies responsible for their asbestos exposure. - Wrongful Death Claims
Filed by: Family members of a deceased mesothelioma patient
Process: The family’s attorney sues the companies responsible for the asbestos exposure that led to the patient’s illness and death. - Asbestos Trust Fund Claims
Filed by: Mesothelioma patients or their families
Process: The legal team submits evidence of the mesothelioma diagnosis and asbestos exposure to each trust in order to receive a payout.
How do I make a mesothelioma claim?
You can make a mesothelioma claim with the help of an experienced asbestos lawyer.
An asbestos attorney can gather all the necessary documents needed to file your claim, including medical records confirming your mesothelioma diagnosis, work history, military service, and any evidence of asbestos exposure.
They’ll help identify who’s responsible for your illness, whether it’s past employers or manufacturers of asbestos-containing products, and file the mesothelioma claim by the appropriate deadline.
Who pays mesothelioma claims?
Mesothelioma claims can be paid by:
- Companies that distributed or supplied asbestos products to your employer
- Contractors who installed, repaired, or removed asbestos-containing materials
- Corporations that used asbestos to make their products
- Owners of buildings where asbestos exposure occurred
If you or a loved one has mesothelioma, it’s important to talk to a lawyer as soon as possible so you don’t miss any deadlines to file your claim.
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